- Perfected -

SCS/SBs 721, 757, 818 & 930 - This act requires drivers to take certain actions, including yielding the right-of-way when possible, when an emergency vehicle is approaching. This provision is contained SB 721 (2002).

Current Missouri law requires drivers to obey traffic-related signals and directions given by members of the Missouri Highway Patrol (Section 43.170, RSMo). Failure to follow such direction is a misdemeanor offense.

This act extends the reach of the current law by also requiring drivers to obey signals and directions given by sheriffs and deputy sheriffs. This provision is identical to provisions contained in SB 237 (2001).

This act creates the "Head Injury Fund" for use by the Missouri Head Injury Advisory Council. A new Section 304.028 creates the Fund for the receipt of judgments, grants, private donations, and other moneys. Such funds will be used for the integration of medical, social, and educational services and for outreach to individuals with traumatic head injury and their families. Unexpended balances will not transfer to general revenue. This section also adds a $2.00 surcharge for violations of any county ordinance or state criminal or traffic law Such surcharge will be deposited into the Head Injury Fund. This is substantially similar to SB 757 (2002) and SB 41 (2001).

This act also modifies the language on the Spinal Cord Injury Fund. Instead of a $25 fee for every intoxicated related offense, a $2 surcharge will be assessed on every violation of criminal or traffic offense. The money will be deposited in the Spinal Cord Injury Fund.

This act modifies the mental state required of a person who fails to comply with an lawful order of a police officer or fire department official from willfully to knowingly. This act includes blue flashing lights for authorized emergency vehicles.

This act removes the requirement that the motorman of a streetcar stop the streetcar upon the approach of an authorized emergency vehicle. This act removes the provision of law regarding written accident reports. This act removes the exclusion that written accident reports shall not be used as evidence in a court proceeding. This act expands the rule that a driver shall not follow an emergency vehicle closer than 500 feet. The current restriction only applies to fire engines. This act removes a provision of law regarding when police officers are authorized to remove motor vehicles. These provisions are contained in SB 818 (2002).

This act requires the Director of the Department of Revenue to issues stickers or signs which bear the words "PERMIT DRIVER" to permit drivers. The sticker or sign may be affixed to the rear window of the motor vehicle by the permit driver. This language is contained in SB 930 (2002).

The act adds resisting or interfering with a detention or stop to the current crime of resisting or interfering with arrest. This act creates the presumption that a person is fleeing a vehicle stop if the person continues to operate a motor vehicle after seeing emergency lights or hearing a siren from the law enforcement vehicle that is pursuing the person. This act makes resisting or interfering with an arrest, detention, or stop is a Class D felony. This language is similar to that contained in SB 807 (2002).

This act authorizes the county engineer to establish weight limits for county roads and bridges without the approval of MoDOT's division engineer (Section 304.220). Current law requires the county highway engineer to receive approval of the state engineer (SA 1).

Under this act, additional court costs and driver's license suspensions will be imposed on any person failing to yield the right-of-way when the violation results in physical injury, serious physical injury, or death to a person. A person violating this act which results in physical injury will be assessed additional court costs of $200 and have his or driver's license suspended for 30 days. A serious physical injury results, an additional court cost assessment of $500 and a 90 day license suspension is imposed. If the violation leads to a fatality, an additional court costs of $1,000 are assessed and six month license suspension is imposed. The additional court costs are deposited in the motorcycle safety trust fund (Clutch's Law - SA 2).

This act modifies the definition of abandoned property to include any motor vehicle involved in an accident whereby the law enforcement official requests such vehicle to be removed from the scene because the operator or owner is unable to arrange for the abandoned property's timely removal (SA 3).

This act expands the commercial zone around Kansas City from 12 miles to 15 miles for truck weight limitation purposes. This is similar to SB 805 (2002)(SA 5).

This act allows electric personal assistive mobility devices (EPAMD) to be operated on streets, highways, sidewalks and bicycle paths and grants operators the rights and duties applicable to pedestrians. Persons under 16 years of age shall not operate an EPAMD, except for an operator with a mobility-related disability. EPAMDs may only be operated on roadways with a speed limit of 45 mph or less. Such devices, however, may be used to cross roadways with higher speed limits. EPMADs shall equipped with lamps and red reflectors when operated during the period from one-half hour after sunset to one-half hour before sunrise. Operators of such devices shall ride the device as near to the right side of the roadway. Any person 17 years of age who violates this act shall be guilty of an infraction with a maximum fine of $25. If a person under the age of 17 years of age violates this act, the police officer may impound the device for a period not to exceed 5 days. These provisions are similar to SB 1098 and HB 1746 (2002)(SA 6).

This act removes the phrase "under the laws of this state" so that a person operating a motor vehicle with a canceled, suspended or revoked license by any state will be committing the crime of driving while revoked. This was brought to our attention by the Attorney General's Office in response to a Missouri Supreme Court Case, State of Missouri v. Rowe (January 8, 2002) (SA 8).

STEPHEN WITTE